The physician, from the moment he is called upon to provide care to a patient and has accepted to fulfill this mission, is obliged to :
– immediately provide the patient with all medical care within his power and desirable in the circumstances, personally or with qualified third parties;
– to act always with correctness and kindness towards the patient and to show compassion towards the patient.
The physician must always make his diagnosis with the greatest care;
not to mention the time it takes to do so.
After formulating a diagnosis and prescribing treatment, the Physician must strive for its execution, especially if the patient’s life is in danger.
The Physician, in his prescriptions, must remain within the limits imposed by the condition of the patient. He should only prescribe a very expensive treatment in good conscience to the patient or his family on the sacrifices that this treatment involves and the benefits that they
The physician must never give a patient care for profit.
The physician who is called upon to provide care in a family or a similar environment must ensure prophylaxis. He makes the patient and his family and friends aware of their responsibilities towards themselves and their neighbors, in particular by requiring them to respect the rules of hygiene, or failing that, the obligation to transport the patient to a health facility.
He must avoid interfering in the affairs of the family or the community concerned.
When he is urgently called to a minor or another incapacitated person, and it is impossible to obtain the consent of the legal representative promptly, the Physician shall provide the necessary care.
A serious prognosis may legitimately be withheld from the patient.
A fatal prognosis can only be revealed with the utmost circumspection; it must be revealed generally to the patient’s family unless the patient has previously had this disclosure or has designated the third parties to whom it should be made.
Except in emergencies and cases where he would fail in his duties of humanity, the Physician may refuse his care for professional or personal reasons, provided that:
– not to harm the patient;
– to ensure the continuity of the care given to the patient and to provide useful information to this effect.
All abortion practices or maneuvers are prohibited.
However, a therapeutic abortion may be performed if it is the only way to save the life of the mother.
In this case, the Physician must take the advice of two colleagues chosen respectively among the judicial experts and the members of the Council of the Order.
They must certify in writing that the mother’s life can only be saved by such an intervention.
The protocol of the consultation is established in three copies, one of which is given to the patient, and the other two kept by the consulting physicians.
In addition, a protocol of the decision taken, not indicating the name of the patient, must be sent by registered mail to the President of the Council of the Order.
In localities where there is only one doctor and where the opinion of two colleagues cannot be easily obtained, the decision to induce a therapeutic abortion is left to the discretion of the physician in charge, who must immediately send a detailed report to the Minister of Public Health and the President of the Council of the Order.
The doctor must bow to the possible refusal of the duly informed patient.
This rule can only be excepted in cases of extreme urgency when the patient is unable to give his consent.
If the physician cannot, because of his or her convictions, perform the abortion, he or she may withdraw and ensure continuity of care by a qualified colleague
During a dystocic or prolonged delivery, the physician must consider himself or herself the sole judge of the respective interests of the mother and child, without being influenced by family considerations.
The physician must establish his or her fee schedule. He may not refuse his client any explanation of this bill.
He remains free to provide free care when his conscience so requires.
The fixed price for the duration of treatment is prohibited except for childbirth, a surgical operation, physical therapy; or obtained in a health resort or a health care institution.
The package for the effectiveness of a treatment is prohibited in all circumstances.
Any sharing of fees between the attending physician, on the one hand, and the consulting physician, surgeon, or specialist, on the other hand, during a consultation or an operative act, is strictly forbidden.
Each practitioner must present a separate bill.
The acceptance, solicitation, or offer of a fee split, even if not followed by an effort, constitutes a serious professional fault.
The surgeon has the right to choose his or her operating assistant(s) as well as an anesthetist. The fees of the latter may either be claimed by them directly from the patient or be included in the surgeon’s bill.
However, when the surgeon believes he is entrusting the functions of operating assistant or anesthetist to the attending physician, the latter must claim his fees separately.
The presence of the attending physician at a surgical operation entitles him/her to own a separate fee if requested or agreed to by the patient or family.